Mesafeli Satış Sözleşmesi
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
A.'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Telephone
Fax
5. BUYER INFORMATION
Person to be delivered
Delivery address
Telephone
Fax
Email/username
6. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
6.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
6.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSub Total
(VAT included)
Shipping Amount
Total :
Payment Method and Plan
Delivery address
Person to be delivered
Billing address
Order date
delivery date
Delivery method
6.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: During the delivery of the invoice order, to the invoice address together with the order.
It will be delivered.
8. - RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INTELLECTUAL RIGHTS
Confidentiality rules-policy and conditions, the current principles of which are stated below, apply for the protection, confidentiality, processing-use of information, communications and other issues on the INTERNET SITE.
8.1. The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure of the SELLER, within the scope of today's technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
8.2. In addition to the consent-approvals regarding the personal data and commercial electronic communications given by the BUYER in any other way, and confirming; The information obtained during the BUYER's membership to the WEBSITE and purchases can be stored in the archives, stored in an archive for an indefinite period, transferred to the specified ones and their successors, for a period deemed necessary, stored in an archive, for a period deemed necessary, for the provision of various products/services and for electronic and other commercial-social communications to be made for the purpose of all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, can be used and processed in other ways. These data can also be forwarded to the relevant authorities and courts when required by law.
8.3. The BUYER can always stop the communication by reaching the SELLER through the specified communication channels and/or by legally reaching through the same channels or by using the right of refusal in the electronic communications sent to him. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, transactions related to the processing of his personal data, the persons to whom it is transferred, correction if it is incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, You can always apply to the SELLER through the above communication channels and get information on issues such as objection to the emergence of a result against him by analyzing it with automatic systems, rectification in case of damage due to unlawful processing of the data. Applications and requests in these matters will be fulfilled within the legal maximum period or may not be accepted by explaining the legal reason to the party.
8.4. Regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to the SELLER.
8.5. The SELLER reserves the right to make any changes it deems necessary on the above issues; These changes will become effective as soon as they are announced by the SELLER on the WEBSITE or by other appropriate methods.
8.6. On other sites accessed from the INTERNET SITE, their own privacy-security policies and terms of use are valid, the SELLER is not responsible for any conflicts that may arise and their negative consequences.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely.
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order and with warranty documents, user manuals, if any, with the information and documents required for the job, to carry out the work in accordance with the standards, in accordance with the legal regulations soundly, free from all kinds of defects, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contract product will end.
9.7. The BUYER accepts, declares and undertakes that, after the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER, in case the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to the contract to the SELLER within 3 days at the SELLER's expense.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered within the period due to force majeure situations such as the occurrence of unforeseen circumstances that prevent and / or delay the fulfillment of the debts of the parties, which are beyond the will of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. In case of cancellation of the order by the BUYER, the amount of the product is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or the letter from the bank of the card holder that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately, in cash and in advance, indemnify all damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. On the website of the SELLER, links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER, he can use his right to withdraw from the contract by refusing the goods without any legal or criminal liability and without giving any reason. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product has not been used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, cannot be returned in accordance with the Regulation. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
Kozmetik ve kişisel bakım ürünleri, iç giyim ürünleri, mayo, bikini, kitap, kopyalanabilir yazılım ve programlar, DVD, VCD, CD ve kasetler ile kırtasiye sarf malzemeleri (toner, kartuş, şerit vb.) iade edilebilmesi için ambalajlarının açılmamış, denenmemiş, bozulmamış ve kullanılmamış olmaları gerekir.
12. TEMERRÜT HALİ VE HUKUKİ SONUÇLARI
ALICI, ödeme işlemlerini kredi kartı ile yaptığı durumda temerrüde düştüğü takdirde, kart sahibi banka ile arasındaki kredi kartı sözleşmesi çerçevesinde faiz ödeyeceğini ve bankaya karşı sorumlu olacağını kabul, beyan ve taahhüt eder. Bu durumda ilgili banka hukuki yollara başvurabilir; doğacak masrafları ve vekâlet ücretini ALICI’dan talep edebilir ve her koşulda ALICI’nın borcundan dolayı temerrüde düşmesi halinde, ALICI, borcun gecikmeli ifasından dolayı SATICI’nın uğradığı zarar ve ziyanını ödeyeceğini kabul, beyan ve taahhüt eder
13. YETKİLİ MAHKEME
İşbu sözleşmeden doğan uyuşmazlıklarda şikayet ve itirazlar, Kanunda belirtilen parasal sınırlar dâhilinde tüketicinin yerleşim yerinin bulunduğu veya tüketici işleminin yapıldığı yerdeki tüketici sorunları hakem heyetine veya tüketici mahkemesine yapılacaktır
14. YÜRÜRLÜK
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SALES PERSON:
BUYER:
HISTORY: